Terms of Use

Updated on July 19, 2018

Thanks for visiting AthleteOne. The websites, applications, mobile applications, Services and interfaces made available in conjunction with this site (collectively, the “Site”) are provided by Maxw LLC (hereinafter, “Maxw”, “we”, “us”, or “our”) and are subject to these Terms of Use, including those set forth in the Maxw Privacy Policy. By accessing, using or downloading any materials from the Site, you accept and agree to follow and be bound by these Terms of Use and our Privacy Policy. If you are a business owner or other entity, the individual entering into these Terms of Use on your behalf hereby warrants and represents that he/she is an employee or agent of such business or other entity and has authority to enter into these Terms of Use on the business’s or other entity’s behalf.

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. BY CLICKING THE “SIGN UP” BUTTON ON THE “SIGN UP” PAGE DURING ACCOUNT REGISTRATION OR BY USING THE SITE OR THE SERVICES PROVIDED THROUGH THE SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ACCESS OR USE THE SITE, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS OF USE AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT REGISTER FOR AN ACCOUNT OR USE THE SITE AND YOU SHOULD LEAVE THE SITE AND DISCONTINUE USE IMMEDIATELY.

Our Terms of Use may be modified from time to time without prior notice. We will post any and all updates, changes or modifications to these Terms of Use on the Site. Modifications made to these Terms of Use shall be effective immediately upon being posted on the Site. Your use of the Site following the effective date and time of any modification to these Terms of Use being posted on the Site constitutes your acceptance and agreement to be bound by any such modifications of these Terms of Use. It is therefore important that you review these Terms of Use regularly.

1. DEFINITIONS

Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English language meaning as commonly interpreted in the United States.

2. SERVICES

Subject to your compliance with these Terms of Use, we will provide you with services through the Site (“Services”), including storing and processing athlete and lead data related to tasks, notes, events, tags, invoices, payments, contact information and any other files including, but not limited to, your Account(s) information and any other information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you or another user uploads or enters into your Account(s) (collectively, “Content”). We reserve the right, at any time, to modify the Site or Services by making changes to the Services available on the Site or by providing other notice to you. Any modification will be effective immediately upon posting on the Site or such other notice. You will be deemed to have agreed to such modification through your continued use of the Site or Services.

3. REGISTRATION REQUIREMENTS

If you wish to use the Services made available on the Site, you must register and create an account with Maxw by clicking the “Sign Up” button on the “Sign Up” page and completing the account registration form (“Account”). In consideration of your use of the Services available on the Site, you agree to:  (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the Account registration form on the “Sign Up” page of the Site (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account(s) and refuse any and all current or future use of the Site. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person, business or other entity barred from receiving the Services under the laws of any applicable jurisdiction.

4. CHILDREN

Due to the nature of the internet, we cannot prohibit minors from visiting our Site. If you are a minor, your acceptance of these Terms of Use stated herein must be through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to enter into these Terms of Use whether directly or through a parent or guardian.

The Site is not directed at nor targeted at children under thirteen (13) years of age. We do not use the Site to knowingly solicit Personal Information from or market to children under thirteen (13) years of age. If you are under thirteen (13) years of age, do not provide us with any Personal Information. If we learn that someone under thirteen (13) years of age has provided Personal Information to the Site, we will use reasonable efforts to remove such Information from our database(s) as soon as possible.

5. USER ACCOUNTS, PASSWORDS, AND SECURITY

If you choose to sign up and register for an Account(s) on our Site, you will be required to create a password, provide your email address, first name, last name, and the name of your business, and you may be asked for additional information regarding your Account(s). You are fully responsible for maintaining confidentiality of the password(s) and Account(s) information, and all activities that occur under your password(s) or Account(s). As a registered user of an Account(s), you agree to (a) immediately notify us (by email at support@myathleteone.com) of any unauthorized use of your password(s) or Account(s) or any other breach of security, and (b) ensure that you log out from your Account(s) at the end of each session. Maxw is not in any way liable for any loss or damage arising from your failure to comply with this section of these Terms of Use.

6. PAYMENT OF FEES

Maxw offers Free and Paid Accounts for AthleteOne Services. The fees for the Services provided with these Account levels are posted on our Website at http://www.myathleteone.com/pricing/ and are subject to change without notice.

All new Accounts begin with a Free plan. If during or after the Free plan period you select a Paid plan, you agree to pay Maxw in advance the applicable subscription fees and any taxes and other fees that may accrue in relation to your use of the Services. Unless other arrangements are pre-approved by Maxw we will bill your Account in advance for all fees for the Services due each month or annually, and you hereby authorize Maxw to charge your Account for all such fees.

When you select a Paid plan, you will be required to provide accurate and complete billing information including your email address, legal name and billing account (either credit card or debit card) information. If such information is false or fraudulent, we reserve the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. Maxw is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Maxw. Maxw payments are non-refundable, but in certain circumstances credit may be applied to your future bills. Each charge will be considered valid unless disputed by you in writing within fifteen (15) days after the billing date. Billing for Paid plans begins immediately upon submitting accurate, complete, and valid billing information.

If your Paid plan subscription results in a payment failure at any time or for any reason (e.g., credit card declined, credit card expired,  etc.), and the billing issue(s) remains unresolved, your Account subscription will be canceled.

If you select an annual plan, you will automatically be charged the entire annual subscription fee, payable in advance. Subsequent annual subscription fees will be billed on the same day each year as the day you registered (“Anniversary Date”). If you select a monthly plan, you will automatically be charged the entire monthly subscription fee for the current month, payable in advance. Subsequent months will be billed on the same number day of each month as the day you registered (“Anniversary Date”). All Paid plan subscriptions automatically renew unless you cancel your subscription. You may cancel your subscription at any time.

If you change your Paid annual or monthly plan subscription at any time during the term of that subscription, your new Paid plan subscription will take effect immediately and billing will be adjusted as appropriate.

All fees are non-refundable and non-transferable. All fees and applicable taxes, if any, are payable in United States dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Maxw also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. Maxw will notify you in advance of any changes with respect to fees it chooses to impose.

If your subscription remains canceled for ninety (90) days or longer, Maxw may delete your Account. If Maxw decides to delete your Account, Maxw may, at its sole discretion, provide you with notice via e-mail. If Maxw receives a bounce-back from an e-mail account to which we sent notice regarding the cancellation of your Account, Maxw is under no obligation to provide you with further notice. Please note that each Account (whether it is a Free plan or Paid plan) is associated with an account name (“Account Name”). If an Account has been canceled pursuant to these Terms of Use, Maxw reserves the right to make the Account Name of such Account available for another User.

By registering for our Services, you agree that Maxw may identify you as an Maxw and AthleteOne customer on our websites, client lists, press releases, and/or other marketing materials. You also agree that Maxw may publish a brief description highlighting your use of our Services.

7. USER CONTENT

You acknowledge, consent and agree that Maxw may access, use, preserve and disclose your Account(s) information, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively “Content”) you have posted or made available through our Site (together with your registration information “User Content”) if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Maxw, its users and the public; and/or (f) otherwise provide you with access to and use of the Site and its Services.

The Site may provide you with the option of making certain Content that you submit to the Site as private or public to other users of the Site. If, upon submission of Content to the Site, you initially elect to mark such Content as private or public, we will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or public, or later change such designation to allow such Content to be made generally available, we cannot and do not guarantee the privacy of such Content.

8. OWNERSHIP OF SITE AND CONTENT

The Site and Content we and others provide are protected under applicable intellectual property laws. In addition, the Content is a collective work under U.S. and international copyright laws and treaties, and while you retain ownership of your Content, we own the copyright in the selection, coordination, and arrangement of the Content on the Site.

We hereby grant you a personal, limited, revocable, non-sublicensable license to download and print copies of any portion of the Content of the Site to which you have properly gained access for your personal use (or if you are a Coach, for use by your athletes). The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar automated means or methods to access any Content on the Site. This license is revocable by Maxw at any time without notice and with or without cause.

Unless you are expressly granted rights to do so by Maxw under a separate agreement from these Terms of Use, you may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site (except your Content) except as expressly provided in these Terms of Use without our prior written permission. Any use of the Site, including the Content of the Site (except your Content), other than as specifically authorized in these Terms of Use (or any such separate agreement with Maxw), is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws, and applicable communications regulations and statutes. You will not remove, modify or obscure any copyright, trademark, or other proprietary notices from any Content (except your Content).

Unless otherwise expressly stated in a license or other agreement separate from these Terms of Use that you may have entered into (or may enter into) with us relating to any application, code, or APIs available on or accessible through the Site or Services (collectively, “Application”) (each such license or other agreement, an “Application Software License Agreement”), we grant you a personal, limited, non-exclusive right and license to use the Application in accordance with any instructions we provide to you, solely for your own business purposes in connection with your access to and use of the Site and Services. Except as expressly set forth in the foregoing sentence (or any applicable Application License Agreement), you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Application or any intellectual property rights therein or related thereto, and you may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Application without our prior written permission. Except as set forth in these Terms of Use, any Application License Agreement will control in the event of a conflict between the terms of these Terms of Use and that Application License Agreement.

You acknowledge that the Services, Site, Application, and all other databases, software, hardware and other technology used to provide the Services and operate the Site (collectively, our “Technology”) and their structure, organization, and underlying data, information and source code constitute our valuable trade secrets. You will not, and will not permit any third party to:  (a) access or use the Technology, in whole or in part, except as expressly provided in these Terms of Use; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of our rights to access or use the Technology, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or online services to third parties, or otherwise make the Technology, or access thereto, available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) use the Technology for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; or (i) interfere in any manner with the operation or hosting of the Technology, or attempt to gain unauthorized access to the Technology.

9. SECURITY

We are committed to the ongoing protection and security of your Personal Information. To that end, we take all reasonable and appropriate precautions and actions to protect your Personal Information. We use at least industry standard security protocols to help guard against the loss, misuse or misappropriation of any and all Personal Information that is under our control.

When you submit Personal Information via this Site, your information is protected both online and offline. Wherever we collect Personal Information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect your Personal Information transmitted online, we also protect your Personal Information offline. Only employees or contractors who need the Personal Information to perform a specific job (for example, billing or customer service) are granted access to information. The computers and servers in which we store personally identifiable information are kept in a secure environment.

Although we take all of these precautions and measures in order to protect your Personal Information, we all know that no security system is perfect. We therefore cannot provide any guarantees that your Personal Information is or will be secure in every possible situation.

10. NON-COMMERCIAL USE

The Site and Services the Site provides is for your personal and non-commercial use and may not be used in connection with any commercial purposes, except as specifically approved in writing by Maxw or as provided on the Site. The Site is intended for managing your business information and communicating with your client, members and/or students. Unauthorized framing of or linking to any part of our Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles and user Content without notice and may result in termination of your Account(s). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Site, use of the Site or access to the Site.

11. THIRD PARTY CONTENT

Our Site contains Content of Maxw (ʺ Maxw Contentʺ) and Content of third party licensors to Maxw which is protected by copyright, trademark, patent, trade secret and other laws. In addition, we have developed processes, concepts, and online tools in order to help manage and grow client‐based businesses. This is also proprietary information owned by Maxw and is Maxw Content. By utilizing this Site, you acknowledge and agree that Maxw owns and retains all rights, title and interest in the Maxw Content. Maxw hereby grants to you a limited, revocable, non-transferable, non‐sub‐licensable license to reproduce and display a single copy of the Maxw Content and any third party Content located on or available through our Site or Services (excluding any software code therein) solely for your use in connection with viewing our Site and using the Services. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Site or Services.

12. THIRD PARTY SITES

Our Site may contain links to other sites owned by third parties (i.e., Coaches, advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Maxw does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Sites does not imply Maxw’s endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

Third party product and service offerings made available for purchase by you on the Site are made and offered directly by the applicable third party service provider or advertiser. When you purchase any such product or service offering through the Site, you acknowledge that you are contracting directly with the applicable third party service provider or advertiser and not with Maxw. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. Maxw is not responsible for the performance or nonperformance of any third party service provider or advertiser. You are in no way obligated to use or transact business with any particular third party service provider or advertiser that appears on the Site. Your agree that Maxw shall not be liable for any loss or damages of any kind incurred by you as a result of any of your dealings with third party service providers or advertisers available on the Site.

13. PRIVACY POLICY

Maxw respects your privacy and permits you to control certain aspects of the treatment of your Personal Information. By agreeing to these Terms of Use, you also agree to comply with the terms of our Privacy Policy, which is incorporated into these Terms of Use. Before using the Site or Services or any Account(s), please carefully review our Privacy Policy. Our complete Privacy Policy is posted on our Site at http://www.myathleteone.com/privacy-policy/.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Without limiting any rights under the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to the Site and your use and operation of the Services. To the extent any such data or information is collected or generated by us, the data and information will be solely owned by us, and we may use it for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you, any user or customer, or any other entity or natural person as the source thereof.

14. COPYRIGHT POLICY

Maxw reserves the right in its sole discretion to immediately suspend and/or terminate access to the Site and our Services by any user who is alleged to have infringed on the intellectual property rights of Maxw or of a third party, or otherwise violated any intellectual property laws or regulations. Maxw’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Maxw to delete, edit, or disable the material in question, you must provide us with all of the following information:  (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Maxw to locate the material; (d) information reasonably sufficient to permit Maxw to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide the signed (physically or electronically) notice to Maxw at the following address:

Maxw LLC
Attn: Copyright
P.O. Box 296
Black Hawk, CO 80422
support@myathleteone.com


If you believe that any user Content that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such user Content, you may send a counter-notice containing the following information to Maxw:  (a) your physical or electronic signature; (b) identification of the user Content that has been removed or to which access has been disabled and the location at which the user Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the user Content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by Maxw, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Maxw’s sole discretion.

15. TRADEMARKS

The trademarks and service marks used or displayed on the Site (“Trademarks”) are registered and unregistered trademarks of Maxw, its licensors or affiliates. Your access to the Site does not constitute a license to use any Trademarks and you may not use any Trademarks displayed on the Site without the prior express written permission of Maxw or the trademark owner.

16. YOUR FEEDBACK

We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and Services we make available through the Site (collectively, “Feedback”). The Feedback you provide to us through the Site will be and remain the exclusive property of Maxw. Your submission of Feedback will constitute an assignment to Maxw of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send any Feedback to us that you do not wish to assign to us.

17. TERM AND TERMINATION

This Terms of Use policy shall remain in full force and effect for so long as it is posted on our Site. You may terminate your Account(s) for the Service at any time, for any reason, by contacting Maxw by email at support@myathleteone.com. Maxw will not provide partial refunds to users for Account(s) that are terminated in the middle of the billing period.

The termination of these Terms of Use or your use of the Site and Services will not relieve either party of representations, warranties or obligations that are intended to survive, or to be performed after, the termination or expiration of these Terms of Use or the Services. Without limiting the generality of the foregoing, Sections 2, 3, 4, and 6 thru 27, along with your payment obligations, will survive termination of these Terms of Use or termination of your use of the Site and Services. Upon termination, your data will no longer be accessible. Prior to termination, you may export your information, excluding payment account information which is encrypted and protected by Payment Card Industry rules.

You agree that Maxw may, under certain circumstances and without prior notice, immediately terminate your Account(s) and/or access to the Site. Cause for such termination shall include, but not be limited to:  (a) breach(es) or violation(s) of these Terms of Use or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you [self-initiated Account termination(s)]; (d) discontinuance or material modification to the Site (or any portion thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site.

Termination of your Account(s) may include:  (a) removal of access to all offerings within the Site; (b) deletion of your information, files and Content associated with or inside your Account(s), and (c) barring of further use of the Site. Additionally, you agree that all terminations for cause shall be made at Maxws sole discretion and that Maxw shall not be liable to you or any third party for any termination of your Account(s) or access to the Site.

18. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:  YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN ʺAS ISʺ AND ʺAS AVAILABLEʺ BASIS. MAXW AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE ʺMAXW PARTIESʺ) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICES, THE SITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.

The Maxw Parties are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the Site or through the Services, or any action or inaction on your part as a result of information you have obtained from the Site or Services. If you engage in any exercise or related program(s) you receive through the Site or Services, you agree that you do so voluntarily at your own risk, and agree to release and discharge the Maxw Parties from any and all claims or causes of action, known or unknown, arising out of your use of the exercise or related program(s).

THE MAXW PARTIES MAKE NO WARRANTY:  (a) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‐FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (c) REGARDING ANY RESULTS YOU MAY OR MAY NOT OBTAIN FROM THE USE OF THE SITE OR SERVICES; AND (d) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL(S) PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. THE MAX PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL(S).

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL THE MAXW PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE SITE OR ANY WEBSITE(S) WITH WHICH THEY ARE LINKED, EVEN IF ANY OF THE MAXW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE MAXW PARTIES TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE AMOUNT OF THE FEES PAID, IF ANY, BY YOU TO MAXW PARTIES FOR THE SERVICES IN THE ONE (1) MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY.

20. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms of Use remain in full force and effect.

21. INDEMNITY

You will indemnify and hold harmless Maxw, and its subsidiaries, affiliates, officers, agents or other partners, users, Coaches, Sponsors and employees, from and against any claim, liability, loss, expense or demand, including reasonable attorneys’ fees, relating to or arising out of your Content, your use of any other Content, your use of or connection to the Site and Services (including any information, materials, products or services available through the Site or Services), your violation of these Terms of Use, or your violation of any applicable laws or any rights of another user or third party.

22. MODIFICATION AND DISCONTINUATION

Maxw  reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services or any portion thereof with or without notice. You agree that Maxw shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services or any portion thereof.

23. INDEPENDENT CONTRACTORS

No joint venture, partnership, employment, or agency relationship exists between you and Maxw as a result of these Terms of Use or use of the Site or the Service.

24. ENTIRE AGREEMENT

These Terms of Use, including our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Maxw and govern your use of the Site and Services, superseding any prior agreements between you and  Maxw with regard to your use of the Site and Services. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

25. CHOICE OF LAW AND FORUM

These Terms of Use will be governed by and interpreted in accordance with the laws of the State of Colorado as such laws apply to contracts between Colorado residents performed entirely within Colorado. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Denver, Colorado for any legal proceedings related to these Terms of Use.

26. WAIVER AND SEVERABILITY OF TERMS

The failure of Maxw to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid in whole or in part, the parties nevertheless agree that the court should endeavor to give effect to the partiesʹ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

27. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

28. CREDITS

In the event of a request for credit or cancellation, Maxw may, at its sole discretion, provide credit for future services. Maxw will not provide cash refunds.

29. SUPPORT

We may provide you with support for your Account(s) (“Support”) via the following methods, which may include, without limitation:  an online self-help support center which includes a knowledge base, the ability to send a message to us, and the ability give feedback; the Site; and email. We will use commercially reasonable efforts to respond to Support requests within 48 hours after the request is placed. We do not guarantee any further level of Support and may change our Support practices at any time. For current information regarding Support, please visit the following site:  http://www.myathleteone.com/support/.

30. CONTACTING US

If you have any questions or comments about these Terms of Use, please contact us via email at support@myathleteone.com or by mail at:

Maxw LLC
Attn:  Terms of Use
P.O. Box 296
Black Hawk, CO 80422